Joseph Hinga Gathii v Hezekiah Mugo Waithanji & 4 others [2014] KEELC 623 (KLR)
- Court
- Environment & Land Court
- Case number
- 623
- Citation
- [2014] KEELC 623 (KLR)
- Decided
- 30 September 2014
The preliminary objection to strike out the pleadings is dismissed. An application needs to be filed to strike out pleadings under Order 2 Rule 15.
Facts
The plaintiff, Joseph Hinga Gathii, filed a suit against Hezekiah Mugo Waithanji and four other defendants alleging fraud in the sale of land. The suit was amended to include Jackson Kiprono as the second defendant and the Land Registrar and Chief Land Registrar as the fourth and fifth defendants, respectively.
Issues
- Whether the suit offends the provisions of Order 2 Rule 15.
- Whether the suit against the 4th and 5th defendants should be dismissed with costs.
Reasoning
The court rules that an application needs to be filed to strike out pleadings under Order 2 Rule 15, not through a preliminary objection. The court emphasizes the importance of following the rules strictly and giving the respondent a fair opportunity to respond.
Outcome
The preliminary objection is struck out.
Authorities cited
Legislation (2)
- Order 2 Rule 15
- Order 1 Rule 10
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